Tag: Competition

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Now available on the FTC website: the Bureau of Competition’s Health Care Division has posted updated versions of our three overviews of FTC enforcement actions and policy work in the health care sector undertaken across the Bureau. Together, these documents contain hundreds of pages...

Statement from Bureau of Competition Director Debbie Feinstein:
“Today’s court ruling is great news for business customers in the office supply market. This deal would eliminate head-to-head competition between Staples and Office Depot and likely lead to higher prices and lower quality service for...

Most mergers reviewed by the Commission involve the acquisition of an entire company, or an identifiable set of assets – that is, the buyer seeks to control the assets of the seller through an acquisition. But sometimes companies acquire only a partial interest in a competitor – and...

The parties may file separate HSRs for each transaction, and may close once the relevant waiting period expires or early termination is granted (even if the other transaction is still under review). However, the HSRs should fully describe the situation regarding both transactions in...

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It is acceptable to provide these documents as they are. For Item 3(a) please provide a thorough description of the transaction. For Item 4(b), since the annual reports are in Chinese include an endnote that either stipulates that the filer satisfies the size of person...

Federal Trade Commission staff submitted written comments opposing proposed legislation in Alabama that purports to immunize “authorities” formed by any public university operating a medical school in Alabama, and their collaborative activities “with all types of health care providers,” from the...

For the 90% being acquired, if the acquisition/tender price is determined (as it sounds to be), then the value is the greater of the market price (the lowest closing quotation, or, in an interdealer quotation system, the lowest closing bid price, within the 45 calendar days prior to...

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You use the LogCo net revenues (which are gross revenue minus returns, discounts and allowances, but not minus costs – see informal interp 1509005) because Logco (the entity with third party sales) is being acquired. This differs from 1205002 where the entity making the...

We agree with your take. Please continue to seek informal advice on put-call arrangements (as suggested in Interp. 32 of the premerger practice manual). There are circumstances – for example, where the structure of the put-call arrangement is such that it is not a true option – where...

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If documents otherwise responsive to Item 4(c) discuss only foreign markets, they are not responsive to Item 4(c). The same holds true for documents otherwise responsive to 4(d)(ii) and 4(d)(iii) – if they discuss only foreign markets, they are not responsive. Of course...

Look up and you just might see one: solar panels are on top of more homes and businesses than ever before. Around the country, rooftop solar is an increasingly important source of electricity. For many customers with solar panels, solar power provides most of their electricity; many...

The Federal Trade Commission is currently accepting public comments on ProMedica Health Systems’ application to divest St. Luke’s Hospital. The divestiture is required by the Commission’s final order issued in connection with the Commission’s ruling that ProMedica’s acquisition of former rival St.

Testifying on behalf of the Federal Trade Commission before a subcommittee of the U.S. House of Representatives’ Committee on Energy and Commerce, Tara Koslov, Deputy Director of the FTC’s Office of Policy Planning, described the state of competition in the pet medications industry, as well as the...

A company that supplies some of the world’s largest medical device makers with a high-performance polymer used to make spinal and other medical implants has agreed to settle Federal Trade Commission charges that it violated federal antitrust law by using long-term exclusive contracts to maintain...